MSMG Developments Pty Ltd v Hunters Hill Council
[2016] NSWLEC 1317
•1 August 2016
|
New South Wales |
Case Name: | MSMG Developments Pty Ltd v Hunters Hill Council |
Medium Neutral Citation: | [2016] NSWLEC 1317 |
Hearing Date(s): | Conciliation conference on 18, 22 July 2016 |
Date of Orders: | 1 August 2016 |
Decision Date: | 1 August 2016 |
Jurisdiction: | Class 1 |
Before: | Dixon C |
Decision: | See (4) below |
Catchwords: | APPEAL – Development Application: conciliation conference; agreement between the parties; orders |
Legislation Cited: | Land and Environment Court Act 1979 |
Category: | Principal judgment |
Parties: | MSMG Developments Pty Ltd (Applicant) |
Representation: | Michael Staunton (Counsel) (Applicant) |
File Number(s): | 2016/166731 |
Publication Restriction: | No |
JUDGMENT
COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
(1)The Applicant is granted leave to rely on the amended plans set out in condition 1 in Part B of Annexure A.
(2)Pursuant to section 97B of the Environmental Planning and Assessment Act1979, the applicant is to pay the Council's costs thrown away as a result of the amendment in the amount of $7,500.00 within 28 days.
(3)The appeal is upheld.
(4)Development application DA-2015/1124 for subdivision of 14A & 16 Barons Crescent, Hunters Hill from two lots to three lots with associated civil works for driveway and parking platforms is approved subject to the conditions in Annexure A.
…………….
Susan Dixon
Commissioner
166731.16 - Annexure A (139 KB, pdf)
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